(Cass. soc., 8 April 2009, n°07-44.068): The Cour de Cassation has gone further than previous cases which have held that employees are entitled to the same salary during their notice period paid in lieu as they would have been if they had worked, holding that RTT days off in lieu granted for hours normally worked between 35 and 39 hours per week should continue to be paid even if the employee does not work the notice period.

The court considered that the days off in lieu, granted to all employees as part of the collective reduction of working time from 39 hours to 35 hours per week, constitute part of the employee's normal compensation, and should therefore continue to be paid even if the employee is not required to work during the notice period